PHILADELPHIA (KYW Newsradio) — The Christopher Columbus statue will remain in Marconi Plaza, after a judge blocked the city’s plan to remove it.
In a legal filing submitted Tuesday, Common Pleas Court Judge Paula Patrick said that the City of Philadelphia Board of License and Inspection Review made seven different legal errors in the process of making its decision in September 2020 to take down the statue. Friends of Marconi Plaza appealed the board decision.
Judge Patrick also said the board's affirming of a Philadelphia Historical Commission decision to remove the statue came with not enough evidence to show that it was "necessary in the public interest."
Mayor Jim Kenney announced in June 2020 that he would begin the process of attempting to have the statue taken down, and that reviewing what historical figures deserve to be commemorated in public spaces is part of the national reckoning over systemic racism.
“While we are very disappointed with the ruling, we're reviewing it now and exploring all potential options—including a possible appeal. The statue remains in Marconi Plaza and will continue to be secured in its existing box," a city spokesperson said in a statement Tuesday.
The statue has remained at its current site since 1876, but it is currently encased inside a wooden box.
The judge ruled against the Board of License and Inspection Review's findings that Friends of Marconi did "not have standing" in their efforts to keep the statue intact, and that there were insufficient detailed reports to allow for statue removal under city code.
The Republican judge also said in her ruling that there was not enough "adequate information or evidence to conclude that safety was or is an ongoing concern at the statue. In fact, only isolated incidences in the wake of the George Floyd protests were presented."
Finally, Judge Patrick ruled that the city did not follow the Philadelphia Office of Arts, Culture and Creative Economy's requirement of at least 90 days for public input, saying there was only a 28 day public input period.
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"It is baffling to this Court as to how the City of Philadelphia wants to remove the statue without any legal basis," Judge Patrick said in her analysis.
"The city's entire argument and case is devoid of any legal foundation. The Board and the PHC's primary justification for removal was the civil unrest that occurred near 2700 South Broad Street between June 13 and June 19, 2020, as well as a protest on June 23, 2020, as a result of the murder of George Floyd."
Louis, who was part of the group of neighbors who clashed with protesters who wanted the statue removed, was the first South Philadelphia resident to run up to the Columbus statue Tuesday night and celebrate the judge's decision to allow it to stay.
“It’s a piece of history. It’s a gift to Italian citizens," Louis said.
“It’s a great gift, not only to Italians, to all people of America who dare to dream.”
Some neighbors stayed near the statue 24 hours a day, seven days a week during the protests.
“The people at first, their passion took over too much. They wanted a fight where they should have spoken first and expressed their feelings more. But the truth comes out today and I think it will always stand." he said.
“The city don’t own it, the state don’t own it. It was a gift to the Italian citizens.”
Kenney, a Democrat, requested in July 2020 that a commission move to remove the statue. The Philadelphia Historical Commission did that on July 24.
The Philadelphia Arts Commission also agreed on August 12, 2020 to approve the city's request to remove the statue and place it in temporary storage.
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However, Judge Patrick ordered a halt to that move one day later, before the Board of License and Inspection and Review upheld the previous commission moves in September. Patrick's ruling Tuesday overturned that decision.